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  #1 (permalink)  
Old 08-19-2009, 12:08 AM
Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
07/09/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/14/2007
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Join Date: May 2008
Posts: 54
sripk has a reputation beyond repute sripk has a reputation beyond repute sripk has a reputation beyond repute sripk has a reputation beyond repute sripk has a reputation beyond repute sripk has a reputation beyond repute sripk has a reputation beyond repute sripk has a reputation beyond repute sripk has a reputation beyond repute sripk has a reputation beyond repute sripk has a reputation beyond repute
Default EB3-EB2 Porting questions

My situation is below:
-Applied I485 during July 07 based on non-PERM EB3 I140 with a PD of Mar 2005.
-Also have a second PERM based I140 approved in same EB3 category.
-I have MS degree from US but when i joined company A, My graduation was still pending at that time though i completed all degree requirements and so my application was filed in EB3 category. One of my friends in the same situation and working for the same company had filed in EB2 category and got I140 approved in EB2 category.
-I was told that you can't file a second EB2 PERM labor from same company if you already have a approved EB3 PERM labor unless job requirement was 50% different from current one.
-Also, Company A's policy is not to provide copy of approved I140 to employees and revoke them once employment is terminated.
-Now company A is being acquired by another company B.

Here's my questions:
1. Should company B file AC21 for all company A employees with pending I485?
2. Is it possible to amend approved EB3 I140 to change category to EB2?
3. If answer is YES to 2 then what kind of documentation is required?
4. If answer is No to 2, Can company B file new EB2 PERM labor based on MS degree?
5. If YES to 3, Does company B need a copy of EB3 approved I140 to port the PD to EB2 I140?
6. Is it possible to port PD without a copy of approved I140? If yes, what other documentation is required?
7.Assuming EB2 I140 is approved, what is the procedure to change the underlying I140 petition for I485?
8. if i get married, Can i apply I485 for spouse when EB2 I140 gets approved with old PD of Mar 2005 and dates for EB2 category are current?

Thanks in advance for answering my questions.
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  #2 (permalink)  
Old 08-19-2009, 05:36 AM
Senior Member
Priority Date
:
Jan-08
Category
:
EB2
I140 Mailed Date
:
03/27/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 286
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Quote:
Originally Posted by sripk View Post
my situation is below:
-applied i485 during july 07 based on non-perm eb3 i140 with a pd of mar 2005.
-also have a second perm based i140 approved in same eb3 category.
-i have ms degree from us but when i joined company a, my graduation was still pending at that time though i completed all degree requirements and so my application was filed in eb3 category. One of my friends in the same situation and working for the same company had filed in eb2 category and got i140 approved in eb2 category.
-i was told that you can't file a second eb2 perm labor from same company if you already have a approved eb3 perm labor unless job requirement was 50% different from current one.
-also, company a's policy is not to provide copy of approved i140 to employees and revoke them once employment is terminated.
-now company a is being acquired by another company b.

Here's my questions:
1. Should company b file ac21 for all company a employees with pending i485?
2. Is it possible to amend approved eb3 i140 to change category to eb2?
3. If answer is yes to 2 then what kind of documentation is required?
4. If answer is no to 2, can company b file new eb2 perm labor based on ms degree?
5. If yes to 3, does company b need a copy of eb3 approved i140 to port the pd to eb2 i140?
6. Is it possible to port pd without a copy of approved i140? If yes, what other documentation is required?
7.assuming eb2 i140 is approved, what is the procedure to change the underlying i140 petition for i485?
8. If i get married, can i apply i485 for spouse when eb2 i140 gets approved with old pd of mar 2005 and dates for eb2 category are current?

Thanks in advance for answering my questions.
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